ILLINOIS POLLUTION CONTROL BOARD
    September 26,
    1991
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    Complainant,
    v.
    )
    PCB 91-60
    (Enforcement)
    THOMAS STEEL CORPORATION,
    an
    Illinois Corporation,
    and
    BLUE TEE CORPORATION,
    a Maine
    Corporation,
    Respondent.
    ROSEMARIE
    E.
    CAZEAU APPEARED ON BEHALF OF THE COMPLAINANT.
    MICHAEL
    K. OHM APPEARED ON BEHALF OF ~THERESPONDENT,
    THOMAS STEEL
    CORPORATION.
    TAMI J.
    DIAMOND APPEARED ON BEHALF OF THE RESPONDENT,
    BLUE TEE
    CORPORATION.
    OPINION AND ORDER OF THE BOARD
    (by J.
    C.
    Marlin):
    This matter comes before the Board upon a complaint filed
    April
    3,
    1991,
    on behalf of the People of the State of Illinois
    (“People”), by and through its attorney,
    Roland
    W. Burns,
    Attorney General of the State of Illinois,
    against Thomas Steel
    Corporation and Blue Tee Corporation
    (“Respondents”),
    located
    in
    Lemont,
    Cook County,
    Illinois.
    The complaint alleges that
    Respondents have violated Section 9(b)
    of the Illinois Environ-
    mental Protection Act
    (“Acttt),
    Ill. Rev.
    Stat.
    1989,
    ch.
    111½,
    pars.
    1001,
    et.
    seq.,
    and 35
    Ill.
    Adm.
    Code 201.144
    of the
    Board’s rules and regulations.
    Hearing on this matter was held on July 15,
    1991,
    in Joliet,
    Will County,
    Illinois.
    At hearing, the parties submitted a
    Stipulation and Settlement Agreement,
    executed by the parties.
    Respondents neither admit nor deny the alleged violations.
    Respondents agree to pay a civil penalty of one thousand dollars
    ($1,000)
    The Board has authority to impose a penalty where the
    parties have stipulated to a penalty, but not to a finding of
    violation.
    See,
    Chemetco,
    Inc.
    v.
    Illinois Pollution Control
    Board,
    140 Ill. App.3d
    ,283,
    488 N.E.2d 639,
    643
    (5th Dist.
    1986); and Archer Daniels Midland
    v.
    Pollution Control Board,
    140
    Ill.App.3d 823,
    489 N.E.2d 887
    (3rd Dist.
    1986).
    126—273
    2
    The Board finds the Settlement Agreement acceptable under 3~
    Ill.
    Adm. Code 103.180.
    This Settlement Agreement
    in
    no. way.
    affects respondent’s responsibility to comply with any federal,
    state or local regulations,
    including but not limited to the Act
    and the Board’s pollution control
    regulations.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    1.)
    The Board hereby accepts the Stipulation and Settlement
    Agreement executed by the People of the State of
    Illinois and Thomas Steel Corporation and Blue Tee
    Corporation,
    concerning Respondents’
    operations locatec
    in Lemont,
    Cook County,
    Illinois.
    The Stipulation and
    Settlement Agreement are incorporated by reference
    as
    though fully set forth herein.
    2.)
    Respondents shall pay the sum of one thousand dollars
    ($1,000) within 30 days of the date of this Order.
    Such payment shall be made by certified check or money
    order payable to the Treasurer of the State of
    Illinois,
    designated to the Environmental Protection
    Trust Fund,
    and shall be sent by First Class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    P.O.
    Box 19276
    Springfield,
    IL 62794—9276
    Respondents shall also write their Federal Employer
    Identification Number or Social Security Number on the
    certified check or money order.
    Any such penalty not paid within the time prescribed
    shall incur interest at the rate set forth in
    subsection
    (a)
    of Section 1003 of the Illinois Income
    Tax Act,
    (Ill.
    Rev.
    Stat.
    1989,
    ch.
    120, par.
    10—
    1003), as now or hereafter amended,
    from the date of
    payment is due until the date payment is received.
    Interest shall not accrue during the pendency of an
    appeal during which payment of the penalty has been
    stayed.
    3.
    Respondents shall cease and desist from the alleged
    violations.
    126—274
    3
    Section 41 of the Environmental Protection Act,
    Ill. Rev.
    Stat.
    1987,
    ch.
    111½,
    par.
    1041,
    provides for appeal of final
    Orders of the Board within 35 days.
    The Rules of the Supreme
    Court of Illinois establish filing requirements.
    IT IS SO ORDERED.
    J.D.
    Dumelle and J. Theodore Meyer dissented.
    I,
    Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certif~ythat the aboye Op4j~ionand Order was
    adopted on the
    ~
    day of
    ~7~-~_Le_~i
    ,
    1991,
    by a
    voteof
    ~
    .
    /
    —--
    ~/
    ~
    ~,
    ~
    ~
    Dorothy M. G~n, Clerk
    Illinois Pollution Control Board
    126—275

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